Narrative and Critical History of America, Vol. 5 (of 8): The English and French in North America 1689-1763
History
Narrative and Critical History of America, Vol. 5 (of 8): The English and French in North America 1689-1763
America -- Discovery and exploration; America -- History; United States -- History
The trial of Zenger had, however, already shown that it was not
safe to accuse a man of a crime when a jury had already acquitted
him. The first number of the _Weekly Journal_ appeared on the 5th
of November, 1733; and its editor had from the beginning made war
upon the administration with so much vigor that in January following
the chief justice, De Lancey, “was pleased to animadvert upon the
doctrine of libel in a long charge given in that term to the grand
jury,”[474] hoping to obtain an indictment against Zenger. The jury
did not share the opinions of the chief justice, and failed to indict
Zenger. Nor was the general assembly willing to concur in a subsequent
resolution of the council that certain numbers of the _Journal_ should
be publicly burnt by the hangman, “as containing in them many things
derogatory of the dignity of his majesty’s government, reflecting
upon the legislature and tending to raise seditions and tumults in
the province,” and that the printer should be prosecuted. The burning
of the papers (November 2, 1734), carried out by special order of the
council alone, was in appearance far from the solemn judicial act which
it was meant to be. The sheriff and the recorder of New York, with a
few friends, stood around the pile, while the sheriff’s negro, not
the official hangman, set fire to it. The municipal authorities, who
usually have to attend such ceremonies _ex officio_, and were ordered
to do so in this case, had refused to come, and would not even allow
the order to be entered in the proper records, because they considered
it to be neither a royal mandatory writ nor an order authorized by law.
Zenger’s trial began on the 4th of August, and resulted in a verdict of
“Not guilty.”
The publishing of the alleged libel had been admitted, but it was
claimed to be neither false, nor scandalous, nor malicious. When the
New York lawyers who had been engaged in the defence were disbarred,
Andrew Hamilton, a prominent pleader from Philadelphia, took the
case. He managed it so adroitly, met the browbeating of De Lancey so
courageously, and pleaded the cause of his client so eloquently that
he at once achieved a more conspicuous fame than belonged to any other
practitioner at the bar of that day. The corporation of New York fell
in with the popular applause in conferring upon him the freedom of
their city, enclosing their seal in a box of gold, while they added the
“assurances of the great esteem that the corporation had for his person
and merits.”[475]
Public-domain text, read in full here on John Shaqi.
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